Primary Agent - January 2025

JANUARY 2025

ADVICE & INSIGHTS FROM INDUSTRY VETERAN

HOWELL WALLACE EXCLUSIVE MEMBER MAGAZINE

ALSO INSIDE EMPLOYMENT PRACTICES LIABILITY NUCLEAR VERDICTS

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JANUARY 2025

CONTENTS FEATURED 8

INTERVIEW WITH HOWELL WALLACE

> > > > 10

THE IMPACT OF NUCLEAR VERDICTS

Hear from Howell Wallace, who recently celebrated 50 years with Pratt Insurance, an IA&B member agency in Smyrna that is Delaware’s oldest continuously operating business.

The rise of “nuclear verdicts” has profound implications for the insurance industry.

Peter Kampf, of MarshBerry, breaks down the impacts and how insurance producers can position their agencies and clients.

JOIN US ON SOCIAL MEDIA: Facebook.com/IABforME LinkedIn.com/company/IA_and_B Instagram.com/IA.and.B YouTube.com/@IA_and_B IA&B Podcasts can be found at:

IA&B is the premier resource and champion for independent insurance agents in Pennsylvania, Maryland, and Delaware.

Periodical postage paid at Mechanicsburg, PA and at additional mailing offices. Postmaster: Send address changes to Insurance Agents & Brokers, 650 Wilson Lane, Suite 200, Mechanicsburg, PA 17055.

Primary Agent (ISSN 1543-3110), Permit # 638-620, Issue # 2025-01, is published monthly by IA&B Service Group Inc., a subsidiary of IA&B. Copyright 2025. All rights reserved. No material January be reproduced in whole or in part without written consent of the publisher. The information in this publication is general in nature and not intended to serve as legal, accounting, financial, insurance, investment advisory or other professional advice as to any reader’s particular situation. Users are encouraged to consult with competent legal, financial, insurance, investment advisory and/or other professional advisors concerning specific matters before making any decisions. We disclaim any responsibility for any decisions or actions by readers. Statements of fact and opinion in Primary Agent are the responsibility of the authors alone and do not imply an opinion on the part of the officers or the members of IA&B. Participation in IA&B events, activities and/or publications is available on a non-discriminatory basis and does not reflect IA&B endorsement of the products and/or services.

MONTHLY 2 PRESIDENT'S MESSAGE 3 DON’S DISCUSSION 4 COVERAGE CORNER 6 NEWS & NOTES 14 PICS & POSTS 17 UPCOMING EDUCATION IABforME.com |

1

PRESIDENT'S MESSAGE

AGENCY RESOLUTIONS Happy 2025 to all IA&B members. It’s time for another suggested resolution list (although this one doesn’t include a gym): 1. Position your new hires for success. If you are planning to hire new talent at your agency, keep in mind the Insuring Careers Certification Program (ICCP) – IA&B’s new pillar training resource. The doors are now open to this program, which can help you train and prepare new employees for the licensing exam and more. For more information, go to: IABforME.online/insuring-careers-agencies or contact Director of Career Services Heather Ulrich at HeatherU@IABforME.com or 800-998-9644, ext. 407.

2. Strengthen your agency’s tech. Now is a good time to audit your agency’s technology usage, and to address any deficiencies.

The good news is that IA&B has a seamless solution for you – a free, full-access subscription to Catalyit, the one-stop-shop for independent agents’ technology solutions. Catalyit’s technology audit feature is the perfect way to set a path toward adoption of enhanced tech in 2025. Start here: catalyit.com/IAB or contact VP - Advocacy Claire Pantaloni at ClaireP@IABforME.com or 800-996-9644, ext. 604.

3. Consider your agency’s own insurance. As the preeminent E&O agency in our three states – Pennsylvania, Maryland, and Delaware – the IA&B Insurance Team has studied and analyzed the claim data from 2025 – and it isn’t pretty. Both the frequency and severity of E&O claims are up, much like personal and commercial insurance for the year. It would be good to start the year by ensuring your limits are appropriate (if they haven’t been raised in the last couple of years, now’s the time) and by making sure you carry additional protection – cyber, EPLI, and umbrella. Reach out to the IA&B Sales Team to discuss your specific agency needs: 800-998-9644, option 3 or contact Insurance Agency Sr. Director Kevin Hord at KevinH@IABforME.com.

All of us at IA&B wish you and your staff a healthy and fruitful 2025.

And as always, we thank you for support of IA&B. We are here for you, no matter what the year brings.

Until next time,

INSURANCE AGENTS & BROKERS 650 Wilson Lane, Suite 200 Mechanicsburg, PA 17055 191 Main Street, Annapolis, MD 21401 800-998-9644 | IABforME.com

IA&B BOARD OF DIRECTORS OFFICERS Sarah Brown, CIC, CRM, AFIS - Chair

Keller Brown Insurance Services | Shrewsbury, PA

Andrew Enders, Esq. - Vice Chair Enders | Harrisburg, PA

MEMBERS Greg Bennett

Lisa Parry, CPIA

Kate Dawson, CPIA

Bill Purdy

Michael Gaetano

Kent Reynolds, CIC

Bruce D. Kraft, AAI, CIC

David Rivell, CIC, CRM

Debra McAfee

Jason Rodriguez, CIC

Michael McGroarty, Jr., CIC

Donna Roper

McGroarty & Bradburn Insurance Pittsburgh, PA

E K McConkey & Company York, PA

Shayne McIntosh, CIC

Ashley Stafford, CPIA

Famous & Spang Associates Aberdeen, MD Ferri Dawson Insurance Murrysville, PA The Hartman Group Montoursville, PA Arbor Insurance Group Allentown, PA

McAfee Insurance Agency, LLC Wilmington, DE

JPI Insurance Associates Dillsburg, PA

Chris Miller, CIC

Miller Insurance Protection Team Jonestown, PA

Parry Insurance Langhorne, PA

Purdy Insurance Agency, Inc. Sunbury, PA Blue Ridge Risk Partners LLC Hagerstown, MD Element Risk Management West Chester, PA Prominent Insurance Svcs Wilmington, DE

Williams Insurance Agency, Inc. Rehoboth Beach, DE

Michael Thomas

Lighthouse Insurance Svcs Gambrills, MD

Michael Papa, CIC, MBA Diversified Insurance Industries, Inc. Hunt Valley, MD

NATIONAL DIRECTORS Mike Ertel (PIA)

The Jacobs Company | Columbia, MD

Diana Hornung, CIC (IIABA)

Jason F. Ernest President & CEO 2

JANUARY 2025

IOA National, Inc. | Wilmington, DE

Mark Monroe (IIABA)

Griffith Insurance, LLP | West Chester, PA

DON'S DISCUSSION

DON'S DISCUSSION IA&B Legal & Corporate Affairs Director Don Bankus

Are you a member with a question?

Contact Don at 717-918-9204 or DonB@IABforME.com.

commercial insured has a $3 million limit on an umbrella policy, but wants me QUESTION: My to show only a $1 million limit on a certificate of insurance (COI). Is there anything wrong with doing that?

ANSWER: Certificates of Insurance – the gift

Subjects the licensed producer

that keeps on giving! The short and

– and the agency – to potential

sweet answer is that a producer

administrative penalties, including

with actual knowledge of applicable

substantive fines and possible

coverages should always accurately

license suspension, nonrenewal,

reflect the correct and full limits of the umbrella policy, as well as every other component of other coverages on the Certificate of Insurance (COI).

or revocation.

STATUTES, REGULATIONS, AND BULLETINS Delaware and Maryland have

WHAT’S THE BIG DEAL? Even if it may seem harmless or unimportant, the big deal is that purposely entering information which the producer knows to be false: Likely violates applicable insurance statutes, rules, and regulations; Subjects the licensed producer – and the agency for whom he or she is providing services – to lawsuits for negligence, fraud, and/or

statutes which, among other things, expressly address COI-related issues.

Each state’s statute provides that it’s unlawful for anyone (think: your customer or the certificate holder) to request or require a producer to issue a COI that contains false or misleading information, and it’s also unlawful for anyone (think: producer or anyone providing services for the agency) to prepare or issue a COI that contains false or misleading information. Delaware also has a separate statute whereby such acts would constitute insurance

misrepresentation (up to 15% of all

fraud, which subjects licensees to

E&O claims are COI related);

additional penalties.

Could be a violation of your ACORD

In addition, both the Pennsylvania

licensing agreement; and

Insurance Department and the IABforME.com |

Maryland Insurance Administration have issued bulletins which express the respective department’s position that issuing a false or misleading COI is prohibited and subjects licensees to a multitude of possible repercussions.

THE BOTTOM LINE Extreme caution is urged when including information on a COI that a licensee knows is not accurate.

Explain to the insured that doing so is illegal or impermissible on a number of fronts, and, in the event of a claim, accurate policy limits will be revealed to a certificate holder anyway.

This document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice.

Producers and agencies should consult an attorney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Insurance Agents & Brokers nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.

Rather listen?

Also available in audio format at IABforME.buzzsprout.com 3

THIRD PARTY LIABILITY - Why Every Business

Needs Employment Practices Liability Coverage

By Cathy Trischan Imagine what your client who has no employees and no plans to hire any might say when you propose an Employment Practices Liability (EPL) Policy. The response would probably be something like “Why?! You’re just trying to sell me something I don’t need! How can I have a claim when I don’t have employees?”

▲ Your client is accused of harassing a group of customers because of their race.

What your client is not realizing is that businesses have Third Party Liability exposures that can be covered under an EPL policy. Here are a few examples:

In all four of these cases, the Commercial General Liability Policy (CGL), the policy your client first thinks of for liability claims, will not respond.

The CGL covers claims for bodily injury, property damage, and personal and advertising injury liability. The claims in these four examples do not fit within these categories.

▲ Your client, a bakery, is sued by a same-sex couple for discrimination after your client refuses to bake a cake for their upcoming wedding. ▲ Your client is accused of sexually harassing a customer during a sales call.

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▲ Your client is accused of discrimination by a person in a wheelchair who is unable to access a building because the ramp that is required by law is not constructed with a wide enough landing.

Third Party Liability is a coverage commonly included in an EPL policy.

JANUARY 2025

It is sometimes part of the same insuring agreement used to cover claims by prospective, current, and former employees. Some insurers include a separate insuring agreement for Third Party Liability.

When evaluating Third Party Liability coverage, there are two important questions to ask.

1. Who is a third party?

AND 2. What claims are covered?

Ideally, a third party will be defined as anyone who is not an employee.

Consider the difference in the following definitions.

COVERAGE CORNER SAMPLE LANGUAGE #1 Third-Party means any natural person who is a customer, vendor, service provider, or other business invitee of the Organization.

SAMPLE LANGUAGE #2 Third-Party shall mean any natural person(s) with whom an Insured, in their capacity as such, interacts. ThirdParty shall not include Employees or an applicant for employment.

Let’s apply these definitions to a claim scenario: Your client is a contracting company hired by Tara to do some work in her home. Tara’s friend, Julia, is there at the time the contractor’s employee, John, arrives. Julia alleges that John made inappropriate comments to her and sexually harassed her. She files suit against the contracting company and against John. With sample language #1, there is no coverage for this claim. Julia is not a customer, vendor, service provider, or other business invitee. She is a friend of a customer. With the second definition, coverage could apply as Julia meets the definition of a third-party.

As to what claims are covered, Third Party Liability coverage should apply to claims for discrimination and both sexual and non-sexual harassment.

It is important to carefully read the policy language, before coverage is proposed, to see how broad the Third Party Liability coverage is.

One important Third Party Liability exposure for businesses is their website. Website accessibility claims are on the rise.

The Americans With Disabilities Act (ADA) is a federal law that prohibits discrimination against people with disabilities. The law applies to several areas, including employment, transportation, public accommodations, and others. ADA does not specifically reference websites, but many courts have ruled that websites are public accommodations subject to ADA. A place of public accommodation engages in unlawful discrimination if it fails to “take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and services.”

Here is one example of a website accessibility suit: In 2016, Guillermo Robles, who has a vision impairment, sued Domino’s Pizza, alleging that the Domino’s website and smartphone app were not accessible for people who use screen readers. While a district court initially dismissed the case, the Ninth Circuit Court of Appeals opined that the ADA does apply to websites. The Supreme Court of the United States denied a petition to have the case heard, and in 2022, Domino’s settled with Mr. Robles for an undisclosed sum.

There are web content accessibility guidelines (WCAG) that a business can follow to make web content more accessible to people with disabilities. Absent an exclusion, Third Party Liability coverage with a broad third-party definition and discrimination as a covered offense will typically apply to a website accessibility suit.

IABforME.com |

Employment Practices Liability Policies are not just for businesses with employees. Let’s make 2025 the year we talk to all our clients about this important coverage!

Til next time!

Cathy Trischan, CPCU, CRM, CIC, ARM, AU, AAI, CRIS, MLIS, TRIP is IA&B’s commercial lines education consultant. She works with our CIC and CISR programs, as well as our live CE webinars. Catch her at one of our upcoming courses: IABforME.com/education Rather listen?

Also available in audio format at IABforME.buzzsprout.com

LIVE CE WEBINAR

|

Learn more about Employment Practices Liability from author Cathy Trischan, who teaches this upcoming live webinar.

WHY INADEQUATE EPLI WILL CLOSE YOUR BUSINESS JAN 21 9 AM - Noon

CE

PA/DE: 3 GEN MD: 3 PC

IA&B Members: $75 (save $30!)

Non-Members: $105

Register today.

IABforME.com 800-998-9644, option 1

5

NEWS & NOTES

INTRODUCTORY WEBINAR: INSURING CAREERS CERTIFICATION PROGRAM

recognized at the fall Utica National Insurance Group E&O Conference.

IA&B works with established carriers, like Utica National, to help independent agencies protect their businesses. Learn more: IABforME.online/insurance

Do you have a new employee who is just starting in the industry and needs licensed? Let IA&B help you train and prepare them for the licensing exam and more through the Insuring Careers Certification Program (ICCP) – the perfect program for newcomers to the insurance industry.

Join IA&B for a free introductory webinar to learn how your agency can benefit from the ICCP. Monday, Jan. 27 Webinar presenters will include IA&B VP-Membership Tim Wonder, Education Senior Director Jessica McWilliams, and Director of Career Services Heather Ulrich. Plus, you’ll hear from IA&B Education Consultant Cathy Trischan who designed the ICCP curriculum.

Register for the webinar.

IABforME.com/eventregistrations 800-998-9644, option 1.

Learn more about ICCP. IABforME.online/ insuring-careersagencies

IA&B RECOGNIZED

BY E&O CARRIER Congratulations to the IA&B Insurance Team, which was 6

▲ How to handle a struggling employee and deliver difficult messages about performance To view the webinar, go to: IABforME.com/HR-resources or contact 800-998-9644, ext. 604 or ClaireP@IABforME.com.

2025 WOMEN’S CONFERENCE

(left to right) Alex Nix, Utica E&O Underwriting Supervisor; Lisa Tucker, Utica Executive Commercial Lines Underwriter; Jason Ernest, IA&B President & CEO; Kevin Hord, IA&B Insurance Agency Senior Director; Mark Angelucci, Utica Senior Vice President; Brittany Moorehead, Utica Senior Commercial Lines Underwriter

RECORDED WEBINAR: EMPLOYEE PERFORMANCE MANAGEMENT In case you missed it, our fall webinar – Best Practices for Employee Performance Management, as well as the corresponding slide deck – are available online. Presented by IA&B HR Consultant Karen DiGioia, the webinar covers: ▲ How to set expectations and provide feedback in a manner that sets up the employee, and the agency, for success JANUARY 2025

Registration opens Jan. 13 for the third-annual IA&B Women’s Conference, set for March 25 in Lancaster, PA. The event focuses on inspiring and supporting women in our industry and combines a mix of keynote speakers, educational workshops, and productive networking.

Questions about the event? Contact IA&B Events Manager Alane Fagan at AlaneF@IABforME.com or 800-998-9644, ext. 512.

Learn more and register beginning Jan. 13.

IABforME.com/womens-conference 800-998-9644, option 1

BIG “I” LEGISLATIVE CONFERENCE Save the date to attend the Big “I” National Legislative Conference, April 30-May 1 in Washington, D.C. The annual event brings together independent agents from across the country to meet with their elected Representatives and Senators on Capitol Hill.

Watch Agent Headlines for registration information, or contact

IA&B Government Affairs Director John Savant at JohnS@IABforME.com or 717-918-9214.

Serving Up Restaurant Coverage, One Policy at a Time.

Insuring Opportunity Through Mutual Success.® IA&B members attending the 2024 Big "I" Legislative Conference

IA&B EDUCATION SCHOLARSHIPS Apply by Feb. 7 for the next round of insurance education scholarships.

IA&B will award scholarships for member agencies to send employees to CIC and CISR courses, as well as live CE webinars.

Trust Harford Mutual Insurance Group to provide comprehensive property and casualty insurance designed to protect what matters most to your policyholders— their business.

In addition to restaurants, we write a wide variety of Property & Casualty classes.

Questions? Contact IA&B Administrative Assistant Sarah Haas at SarahJ@IABforME. com or 800-998-9644, ext. 104.

Scan the QR code to learn more.

Apply today.

IABforME.online/scholarships

IABforME.com |

7

Q&A with

HOWELL WALLACE Last year, Howell Wallace celebrated 50 years with Pratt Insurance, an IA&B member agency in Smyrna that is Delaware’s oldest continuously operating business.

Q. First and foremost, congratulations on your 50th anniversary with the agency! After serving in the U.S. Marine Corps, you took a position with Pratt Insurance.

What prompted you to enter the insurance industry?

A. After my discharge from the Marine Corps, I worked in the parts department of an auto dealership, which I didn’t care for at all. Next, I worked in an auto glass and upholstery shop, which I enjoyed but didn’t see as being my career. Then I had an opportunity to work for Campbells Soup Company in the institutional division, which I enjoyed and where I learned the Xerox sales method.

My dad was good friends with Verne McGrew, the owner of Pratt Insurance, and he called me and said that Verne wanted to expand the agency and needed someone with sales experience, as he could teach them the insurance business. I went to see Verne, and he offered me the job

Q. Obviously, the industry has changed drastically over the years. What was your typical workday like when you first began your insurance career?

A. We had to learn how to put together coverages and rate them by hand as there were no computers to do it for you. Looking back, it made you learn what you were doing rather than being dependent on the computer system telling you what to do. Certainly, it’s much better now, but the process did make you become a student of insurance and learn what you were selling.

One of my biggest challenges, not being born and raised in rural Delaware, was learning how to get places. I would have an appointment and ask how to get there, and I was told to go to the third crossroads and turn left. Now I was from Baltimore and had no idea was a crossroads was. Of course there was no GPS then. It sure made life interesting, but I managed to make it work with the help of some wonderful people.

at a salary that was 50% less than what I was earning at Campbells. Plus, I had to buy my own car, unlike Campbells that gave me a company car.

For whatever reason, I said yes and started working at Pratt on July 8, 1974. In 1976, I bought 50% of the agency, and in 1978 I bought the remaining 50%.

8

Q. Over the years, you led the agency through significant growth. What do you consider your greatest professional accomplishment?

A. Building a staff who have dedicated their careers to grow Pratt and take care of our clients. We have achieved numerous goals and accolades from our carriers and within our community, but without our staff we could not have accomplished them.

JANUARY 2025

ON THE COVER

Q. Certainly it hasn’t always been easy. What kept you going through the toughest times of your career?

A. The Marine Corps philosophy of “never quit.” Without question there were times after I bought the agency when I thought, “What have I done? This isn’t working.” Then I would remember my drill instructor from Parris Island screaming at us and not allowing anyone to quit no matter what we were doing, and I would think, “If I survived Cpl. Giles, I can do this.” And I got it done. I owe that man a lot!

During tough times, I would also think of my staff and their families who had put their trust in me to take care of them.

Also, I owe my family who unconditionally supported me.

Q. We appreciate the perspective that your experiences provide. What do you consider the biggest threat(s) facing independent agencies?

A. First, I certainly respect those agencies who have sold to or merged with the national firms as there are numerous, valid reasons why they have done so. I do not plan to follow that path as I have three of my children working in the agency who agree with me to keep Pratt independent. That could change in the future after I am no longer involved … but I hope it does not.

Secondly, we all must remember that insurance is a people business, where we see the best and the worst of people depending on their situation at the time we meet with them. All the computers in the world do not mean anything when you are helping someone who has trusted you to take care of them when a loss occurs. We can never forget that!

Finally, at this point I do not know what AI will do for us or to us. Nevertheless, it is coming, and we will have to learn how to manage it so that it does not manage us.

Q. What is the best advice you would offer those agents just beginning their careers?

A. Make a commitment to learn all you can about the ever-changing world of insurance. Get involved and give back to your community. Respect and learn from your co-workers.

And while insurance is deeply embedded in a world of computers and analytics, never forget that we are dealing with people of all walks of life who depend on IABforME.com |

us to properly protect them from a loss that could alter their lives.

Q. When you’re not working, how do you enjoy spending your free time?

A. We are living our dream on a 145-acre horse farm. My wife Margo and I bought our first horse when the farm was only eight acres, and we were hooked. We have been to Dubai, Qatar, England, and all over the United States showing and racing horses. This allowed us to meet the most interesting people from all walks of life who all share a common interest – the love of a horse.

We have several ponds on our farm and usually have about 100 ducks, a herd of 25 deer, and wild turkeys enjoying a great life. We feed everything that lives there and do not allow any hunting, so they are in a safe environment.

I can, and do, sit by a pond or in the woods watching nature at its finest. It doesn’t get any better than that!

Save the Date Third annual in-person conference celebrating growth and leadership for women in insurance.

Tuesday, March 25 9:30 AM – 3:30 PM DoubleTree Resort by Hilton Lancaster, PA

Watch for registration to open January 13: IABforME.com/womens-conference

9

From Client to Courtroom:

The Impact of Nuclear Verdicts

By Peter Kampf, of MarshBerry The rise of “nuclear verdicts” has profound implications for insurance carriers and the insurance pricing environment. Brokers should implement strategies to optimally position their firms and clients.

There’s currently an unprecedented hard insurance rate environment that has extended beyond five years.

One of the primary factors driving this hard market trend is the rise of “nuclear verdicts.” These substantial legal judgments, emerging from courtroom battles between insureds and insurance markets, are creating a ripple effect throughout the entire value chain of the insurance industry.

By legal definition, nuclear verdicts refer to exceptionally high jury awards in excess of $10 million.

These verdicts have been increasing significantly over the last decade, in both frequency and severity, including the median nuclear verdict for product liability cases growing by 50% (from $24 million in 2013 to $36 million in 2022). Furthermore, these claims have outpaced economic inflation by nearly 50% over the last 10 years.

10 10

Nuclear Verdicts by Case Type, 2013 - 2022 Auto Accident 23%

Medical Liability 20%

Premises Liability 20% Product Liability 23%

JANUARY 2025

Other Negligence 11%

Miscellaneous Intentional Tort 3% 6% Source: U.S. Chamber of Commerce Institute for Legal Reform

NUCLEAR VERDICTS With profound implications for insurance carriers, brokers are pressed to understand the drivers of this trend, comprehend its impact, and find ways to navigate this dynamic environment to optimally position their firm, markets, and clients.

THE RISE OF NUCLEAR VERDICTS Several factors have driven the historic rise of nuclear verdicts: ▲ Social inflation: At a high-level, social inflation represents a notable shift in public opinion on corporate responsibility. In simpler terms, more people are looking to “stick it to the man.” The impact of social inflation is clearly quantified by jury award amounts growing at a significantly higher rate than economic inflation. ▲ Third-party funded litigation: A more recent development in the world of nuclear verdicts is the growth in litigation funded by third parties, which removes some of the financial constraints in staging a legal battle with corporations. While largely unheard of prior to 2010, third-party litigation is forecasted to be a $30 billion-plus industry in the U.S. in the coming years. ▲ Increased advertising efforts: Advertisements for plaintiff attorneys and nuclear verdict cases have seen a corresponding increase, including over $2 billion spent in the U.S. in 2023 on legal advertisements. This not only leads to more cases coming to fruition, but also reshapes jurors’ perceptions of what “normal” damages are.

THE IMPACT OF NUCLEAR VERDICTS Insurance brokerages should ensure they understand how nuclear verdicts impact not only themselves, but their primary trading partners as well (insurers and insureds). ▲ Insurers: The most obvious group impacted by increasing nuclear verdicts is insurance carriers.

Put simply, higher claims lead to higher loss ratios, which leads to lower profitability. This trend is forcing carriers to revisit rates/pricing and tighten underwriting standards. ▲ Insureds: As carriers adapt pricing to the new claims environment, and create stricter underwriting guidelines, policyholders face greater challenges in finding a market to insure their risk and tend to pay more once they do. This is especially true for insureds with risks more prone to nuclear verdicts, including product liability, commercial auto, and professional liability. ▲ Insurance distribution firms: As the advisor working to bring these two parties together, insurance brokerages need to explore additional markets, increase research into client risk profiles, and recalibrate historical processes to meet the needs of clients and carriers.

Continued on page 13

“To minimize the risks around nuclear verdicts … safeguard E&O coverage. Clients may attempt to hold their insurance agent responsible if claims arise that exceed their coverage.” -Peter Kampf IABforME.com |

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14

JANUARY 2025

Continued from page 11

BEST PRACTICES FOR INSURANCE DISTRIBUTORS

processes. Those firms with more advanced capabilities may choose to leverage AI or predictive analytics to proactively combat the threat of nuclear verdicts.

While the trend of rising nuclear verdicts is largely out of the control of insurance distribution firms, there are numerous actions that may be taken to minimize the risks around nuclear verdicts.

PROTECTING YOUR AGENCY

▲ Client education: It’s crucial to educate clients on the factors driving nuclear verdicts and how they may impact the client’s ability to protect their assets, and the price they pay to do so. Whether through publications, webinars, or one-on-one meetings, insurance professionals should keep clients informed on the changing claims landscape. Specifically, helping insureds understand the need for proper protection from these verdicts is paramount, especially in an environment where umbrella coverage is becoming harder to find at higher limits. ▲ Enhanced risk management: Beyond providing the necessary information to clients, firms should help identify key risk areas and create loss prevention strategies. This can include guiding clients on implementing more stringent safety standards, additional compliance trainings, and more regular risk assessments. Brokerages can also explore outsourcing solutions, including businesses that provide third-party safety training, camera installations on commercial vehicles, and telematics offered through select carriers. ▲ Safeguard E&O coverage: Clients may attempt to hold their insurance agent responsible if claims arise that exceed their coverage. As such, it is essential to inform insureds on potential limits and document any instances where clients decline higher coverage, leaving a record to refer to if any issues arise. ▲ Specialty intermediaries: For those firms with authority over underwriting and/or policy pricing, more direct actions can be taken. These firms should ensure they have access to the claims data related to their book and analyze the impact of rising nuclear verdicts (now and in the future), in addition to tracking industry wide litigation trends. This information should allow specialty firms to revisit risk standards, IBNR (incurred but not reported) reserves, and underwriting guidelines/ IABforME.com |

If your agency is consistently renewing the same liability limits year after year, it may be time to reconsider and ensure the limits are sufficient in today’s legal climate.

Contact the IA&B Insurance Team to discuss your options. Call 800-998-9644, option 3 or email KevinH@IABforME.com.

Nuclear verdicts pose significant challenges for the insurance industry, affecting everything from pricing and underwriting to client relationships. With contributing factors such as social inflation and third-party litigation funding showing no signs of slowing down, firms need to ensure they educate themselves and clients on the impacts of this trend. Adopting proactive strategic responses and emphasizing risk management is crucial to success, in both the short-term and the long-term.

In conclusion, it’s paramount that firms control the factors within their control while they have the ability to do so – because once a client enters a courtroom, it’s in the jury’s hands.

Reprinted with permission from MarshBerry.

MarshBerry Vice President Peter Kampf penned this article. If you would like to learn more about how MarshBerry can help your firm determine its path forward, please email peter.kampf@marshberry.com or call Peter Kampf Vice President, at 440-392-6568.

Investment banking services in the USA offered through MarshBerry Capital, LLC, Member FINRA and SIPC, and an affiliate of Marsh, Berry & Company, LLC, 28601 Chagrin Blvd, Suite 400, Woodmere, OH 44122, 440-354-3230.

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PICS & POSTS

Thank You 14

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Do you have a new, unlicensed employee?

Let IA&B help you with training and preparing them for success.

Insuring Careers Certification Program (ICCP) helps to prepare students for the licensing exam and develop a practical knowledge base of the complex world of insurance.

How does this certification program work?

For more information and to get started, contact: Heather Ulrich, IA&B Director of Career Services 717-918-9441 | HeatherU@IABforME.com IABforME.com

▲ It’s online & flexible – students can work at their own pace. ▲ Students have up to six months to complete the program, but it can be completed sooner. ▲ Students have access to an experienced education team that can answer questions and provide support.

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WELCOME

NEW MEMBER Taylor Professional Services Wilmington, DE For information about membership or benefits, contact: Tim Wonder, VP-Membership 717-918-9223 TimW@IABforME.com

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E D U C AT I O N SCHEDULE JANUARY 2025 Register today! 800-998-9644, option 1 IABforME.com/education LIVE WEBINARS DATE

TOPIC

TIME

A thriving independent insurance agent community.

Jan 8

CISR-Personal Residential

8 AM-4:15 PM

Jan 9

An Hour with Cathy: I Pay What? How Commercial Policy Deductibles Work

11 AM-12 PM

MISSION STATEMENT

Jan 9

Certificates, Contractors, and You: Fights, Coverage Issues, Best Practices

1-4 PM

Jan 14

An Hour with Patrick: Reinsurance: How It Works & Why It Matters

11 AM-12 PM

Jan 14

Big Rig, Big Risk: Mastering Trucking Accounts

1-4 PM

VISION

To serve as a driving force to champion independent agency success by educating, consulting, advocating, and fostering community in Pennsylvania, Maryland, Delaware, and beyond.

Jan 14-16 P&C Licensing

8 AM-5 PM

Jan 15

CISR-Agency Operations

8 AM-4:15 PM

Jan 15

Reasons Personal Lines are Broken (and What to Do About It)

1-4 PM

Jan 16

Liar!: An Agent's Role in Identifying & Handling Fraud

1-4 PM

Editor: Karen Robison KarenR@IABforME.com 717-918-9209

Jan 21

Why Inadequate EPLI Will Close Your Business (and What to Do About It)

9 AM-12 PM

Jan 21

Ethics in Insurance - Protecting the Client and the Agency

1-4 PM

Contributing editors: Jennifer Ross, Megan Fioretta, Sarah Haas

Jan 22

An Hour with Dave: Rental Cars: Issues, Answers, Horror Stories

2-3 PM

Jan 23

CISR-Commercial Property

8 AM-4:15 PM

Jan 23

Just Use Mine: Home, Vehicle and Other Sharing Exposures Insurance Doesn’t Like

1-3 PM

Jan 28

Understanding Commercial Property Gaps and Knowing How to Fill Them

1-4 PM

Jan 30

Homeowners Endorsements Insureds Don't Want (But Do Need)

9 AM-12 PM

Jan 30

The Fine Print: Understanding the Contractual Obligations of Your Insured

1-4 PM

PRIMARY AGENT

Sales Account Executive: Rebecca Sieg | 717-430-2351 rebecca.sieg@theygsgroup.com

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